The Digital Millennium Copyright Act (DMCA) of 1998 amends the federal copyright law to provide certain liability protections for online service providers when their computer systems or networks carry material that violate (infringe) copyright law. To qualify for liability protection, the College is required to have a policy under which the computer accounts of users will be terminated if they infringe upon the copyrighted works of others. The account may be reinstated pending a judicial review.
1.2 Additional Information
For more information on United States copyright law, please consult the U.S. Copyright Office’s web site at http://www.copyright.gov
The purpose of this policy is to explain the DMCA and to establish a procedure for notifying The College of New Rochelle (CNR) of an alleged copyright infringement.
This policy applies to students, faculty, users, contractors, consultants, temporaries, and other workers at CNR, including all personnel affiliated with authorized third parties.
Compliance with federal copyright law is not only expected of all CNR students, faculty, and staff, it is required. “Copyright” is legal protection for creative intellectual works, which is broadly interpreted to cover almost any expression of an idea. Text (including email and Web information), graphics, arts, photographs, video and other media types, music, and software are examples of types of works protected by copyright. The creator of the work, or sometimes the person who hired the creator, is the initial copyright owner. Please consult section “4.7 How to Secure a Copyright” of this document for a further discussion of how to obtain a copyright.
4.2 Proper Use
“Use” of work is defined for copyright purposes as copying, distributing, making derivative works, publicly displaying, or publicly performing the work. You may “use” all or part of a copyrighted work only if:
a) you have the copyright owner’s permission or
b) you qualify for legal exception
Copying, distributing, downloading, and uploading information on the Internet or any computer system or network may infringe upon the copyright of that information. Even an innocent, unintentional infringement violates the law. Violations of copyright law that occur on or over the College’s networks or other computer resources may create liability for the College as well as the computer user.
4.4 Notification Procedure
In accordance with the DMCA, the CNR has designated an agent to receive notification of alleged copyright infringement occurring on the Web pages, computer systems, or networks in the CNR.EDU domain. The DMCA requires that all notices of alleged copyright infringement be in writing. For CNR to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing the College of an alleged copyright infringement, you should follow the procedure below:
a) Notify our designated agent for copyright notices:
Senior Vice President / Academic Affairs
The College of New Rochelle
29 Castle Place
New Rochelle, NY 10805
b) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works.
c) Describe the material that is claimed to be infringing and provide sufficient information to permit CNR to locate that material.
d) Provide your contact information, including mailing address, telephone number, and, if possible, an email address.
e) Certify or include a statement that you have good faith belief that the use of the copyright-protected material, in the manner complained of, is not authorized by the copyright owner, the owner’s agent, or law.
f) Certify that the information you have provided CNR is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
g) Include a physical or electronic signature of a person authorized to act on behalf of the Complaining Party. As an electronic signature, CNR accepts Fax and digitalized image of signature attached to email.
h) NOTE: The College may not be able to act upon your complaint promptly or at all, if you do not provide this information.
4.5 Investigation Procedure
If, after consultation with legal counsel, the copyright agent finds that there may be substance to the claim of infringement, the following will occur:
a) The agent will notify Information Systems (IS). IS will contact the person responsible for the web page or the information concerned and arrange to have the allegedly infringing material taken down, pending an investigation.
b) If the person posting the material refuses to remove it pending the investigation, IS may have the page rendered unavailable or the information made inaccessible by the College’s systems' staff.
c) Both sides may consider further legal steps. The College reserves the right to keep such pages unavailable or the information inaccessible until the matter in resolved.
d) Under the terms of the DMCA, CNR would most likely qualify as a service provider with limitations on its liability. CNR is not liable for pages posted on its web site or the information uploaded to its systems, which may infringe on the copyright of others, provided it follows the procedure described in this policy.
4.6 Additional Notice
If a person working for the College has independent knowledge of a copyright violation on a College computer system or network, the College may have a duty to remove the infringing material. This is true even if there is not “notice” from the copyright owner. Therefore, that person should report the violation to the designated agent, immediately.
4.7 How to Secure a Copyright
For works created after March 1, 1989, there is no need to add a copyright symbol, but it is advisable. There are certain definite advantages to copyright registration. See “Copyright Registration” as http://www.copyright.gov